MORNING SESSION

Senate Chamber, Olympia

Wednesday, February 3, 2016

The Senate was called to order at 10:00 o’clock a.m. by the President of the Senate, Lt. Governor Owen presiding.

The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Dansel.

The Sergeant at Arms Color Guard consisting of Pages Miss Ellary Maeve Boyd and Miss Adele Elizabeth Ericksen, presented the Colors.

The prayer was offered by Pastor Bill Knepper of Mountain View Baptist Church, Centralia.

The Pledge of Allegiance was led by Page Mr. Kobey Chew .

MOTION

On motion of Senator Fain, the reading of the Journal of the previous day was dispensed with and it was approved.

MOTION

There being no objection, the Senate advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

February 2, 2016

SB 6218 Prime Sponsor, Senator Brown: Creating the clean energy education program. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Member; Becker and Miloscia.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Carlyle and Liias.

Passed to Committee on Ways & Means.

February 2, 2016

SB 6233 Prime Sponsor, Senator Fain: Concerning freedom of expression rights of students at public schools and institutions of higher education. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Billig; Fain; Hill; Mullet and Rolfes.

MINORITY recommendation: Do not pass. Signed by Senators Dammeier, Vice Chair McAuliffe, Ranking Member.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6245 Prime Sponsor, Senator Litzow: Concerning visual screening in schools. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Member; Billig; Fain; Hill; Mullet and Rolfes.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6260 Prime Sponsor, Senator Hewitt: Providing postsecondary education to enhance education opportunities and public safety. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Member; Becker; Carlyle; Liias and Miloscia.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6290 Prime Sponsor, Senator Honeyford: Concerning the apple commission. Reported by Committee on Agriculture, Water & Rural Economic Development

MAJORITY recommendation: That Substitute Senate Bill No. 6290 be substituted therefor, and the substitute bill do pass. Signed by Senators Warnick, Chair; Dansel, Vice Chair; Takko, Ranking Member; Hobbs and Honeyford.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6371 Prime Sponsor, Senator Litzow: Concerning the definition of "agency" for purposes of early learning programs. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: Do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Member; Billig; Fain; Hill; Mullet and Rolfes.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6408 Prime Sponsor, Senator Hill: Concerning paraeducators. Reported by Committee on Early Learning & K-12 Education

MAJORITY recommendation: That Substitute Senate Bill No. 6408 be substituted therefor, and the substitute bill do pass. Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Member; Billig; Fain; Hill; Mullet and Rolfes.

Passed to Committee on Ways & Means.

February 2, 2016

SB 6457 Prime Sponsor, Senator Bailey: Updating workforce investment act references and making no substantive changes. Reported by Committee on Higher Education

MAJORITY recommendation: Do pass. Signed by Senators Bailey, Chair; Baumgartner, Vice Chair; Frockt, Ranking Member; Becker; Carlyle; Liias and Miloscia.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6513 Prime Sponsor, Senator Warnick: Concerning reservations of water. Reported by Committee on Agriculture, Water & Rural Economic Development

MAJORITY recommendation: That Substitute Senate Bill No. 6513 be substituted therefor, and the substitute bill do pass. Signed by Senators Warnick, Chair; Dansel, Vice Chair; Takko, Ranking Member; Hobbs and Honeyford.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6530 Prime Sponsor, Senator Hasegawa: Providing public notices of public health, safety, and welfare in a language other than English. Reported by Committee on Government Operations & Security

MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy and Takko.

Passed to Committee on Rules for second reading.

February 2, 2016

SB 6553 Prime Sponsor, Senator Liias: Providing for improving emergency preparedness by expanding continuity of operations planning. Reported by Committee on Government Operations & Security

MAJORITY recommendation: Do pass. Signed by Senators Roach, Chair; Pearson, Vice Chair; McCoy and Takko.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Fain, and without objection, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

On motion of Senator Fain, and without objection, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6632 by Senators Braun, Parlette and Hargrove

AN ACT Relating to wildfire management; amending RCW 76.04.610, 76.04.630, 76.04.015, 76.04.016, and 70.94.6536; adding new sections to chapter 76.04 RCW; and creating new sections.

Referred to Committee on Natural Resources & Parks.

SB 6633 by Senators Ranker and Ericksen

AN ACT Relating to the marine resources advisory council; amending RCW 43.06.338; and providing an expiration date.

Referred to Committee on Energy, Environment & Telecommunications.

SB 6634 by Senators O'Ban, Roach and Conway

AN ACT Relating to military service credit for members of the Washington state patrol retirement system; and reenacting and amending RCW 43.43.260.

Referred to Committee on Transportation.

SB 6635 by Senator Frockt

AN ACT Relating to allowing fire protection district annexations and mergers within a reasonable geographic proximity and eliminating cross-county restrictions for annexations to a fire protection district; and amending RCW 52.04.061, 52.04.071, 52.04.081, 52.04.091, 52.04.101, 52.04.111, 52.04.121, 52.04.131, 52.04.171, and 52.06.010.

Referred to Committee on Government Operations & Security.

SB 6636 by Senators Dammeier, O'Ban, Litzow, Braun, Becker, Bailey, Miloscia, Hill, Angel, Rolfes, Roach and Conway

AN ACT Relating to consumer protections for military members on active duty; adding a new section to chapter 38.40 RCW; and prescribing penalties.

Referred to Committee on Commerce & Labor.

SB 6637 by Senator Warnick

AN ACT Relating to the public works board regarding the public works assistance account program interest rates, project ranking, board membership, and other requirements; amending RCW 43.155.030, 43.155.060, 43.155.065, 43.155.068, and 43.155.070; and adding a new section to chapter 43.155 RCW.

Referred to Committee on Ways & Means.

SB 6638 by Senator Warnick

AN ACT Relating to an assessment on cattle; and amending RCW 16.67.120.

Referred to Committee on Agriculture, Water & Rural Economic Development.

SB 6639 by Senator Braun

AN ACT Relating to authorizing nonmedical tattoo removal procedures for minors by licensed tattoo artists; and amending RCW 26.28.085.

Referred to Committee on Commerce & Labor.

SB 6640 by Senators Mullet, Liias, Billig, Rolfes, Chase, McAuliffe, Fraser, Keiser, Hasegawa and Nelson

AN ACT Relating to changes to high school science assessment requirements; and amending RCW 28A.655.061, 28A.655.065, and 28A.655.068.

Referred to Committee on Early Learning & K-12 Education.

MOTION

On motion of Senator Fain, and without objection, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Senate Bill No. 6634 which was referred to the Committee on Transportation.

MOTION

On motion of Senator Fain, and without objection, the Senate advanced to the eighth order of business.

MOTION

Senator Mullet moved adoption of the following resolution:

SENATE RESOLUTION

8698

By Senators Mullet, Fain, and Litzow

WHEREAS, The students of the Tahoma High School enrolled in the We the People: The Citizen and Constitution program have exhibited superior knowledge of the Constitution of the United States and the lessons taught by our forefathers; and

WHEREAS, On Saturday, January 9, 2016, the state We the People competition was won by the team from Tahoma High School, marking the school's 19th state championship; and

WHEREAS, From April 22, 2016, to April 25, 2016, these students will represent their state at the 29th anniversary We the People Finals in Washington, D.C., where they will aspire to uphold the standards of excellence for which Tahoma High School is known; and

WHEREAS, These students have immersed themselves in the United States Constitution and Bill of Rights, and their extraordinary understanding of the country's founding documents and principles and formidable debate skills have inspired those who have watched them progress to the level of state champions; and

WHEREAS, The Tahoma team is coached by Gretchen Wulfing, who was named Washington's Civic Educator of the Year in 2011 and who continues to ingrain in her students the importance of learning about American constitutional democracy and the contemporary relevance of the nation's founding documents and principles; and

WHEREAS, Studies have shown that 80 percent of high school seniors in the program are registered to vote, compared to an average of 37 percent among other high school seniors, proof that We the People instills greater interest in participating in government; and

WHEREAS, Tahoma High School has a distinguished record of excellence in competitions at the national level, placing fourth in the nation in 2000; capturing the Western Regional Award in 2001, 2008, and 2014; taking the top Unit Two in the Nation Award in 2003; placing in the top ten in 2012 and 2013; and earning the top Unit Five in the Nation Award in 2010 and 2011; and

WHEREAS, In 2015 the Tahoma team qualified for the top ten and eventually finished fourth in the nation, posting the highest finish in school and state history, for the third time causing Tahoma to advance to the top ten;

NOW, THEREFORE, BE IT RESOLVED, That the Senate honor Hannah Adam, Marisa Allison, Stephen Brantzeg, Tyler Brazelton, Christina Diaz, Laurel Dillon, Madalyn Drotning, Elizabeth Duggan, Keegan Fitzpatrick, Davis George Galgano, Brittany Glover, Alexander Goodell, Stella Hagen, Erin Kalb, Amy Kiefer, Sarah Lincoln, Lane Lindblom, Alyna Morvice, Matthew Murphy, Kaitlin Nickel, Kathryn Owen, Joshua Pennington, Kenneth Perincheril, Jacob Robey, Jordan Smith, Peter Thomas, and Megan Warren as "Warriors of the Constitution"; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the members of Tahoma High School's We the People team, team advisor Gretchen Wulfing, and Tahoma High School principal Terry Duty to convey the respect of this body for a job well done and to wish them success in their continuing endeavors.

Senators Fain and Mullet spoke in favor of adoption of the resolution.

The President declared the question before the Senate to be the adoption of Senate Resolution No. 8698.

The motion by Senator Mullet carried and the resolution was adopted by voice vote

INTRODUCTION OF GUESTS

The President welcomed and introduced students from Tahoma High School, Covington, enrolled in We the People: Citizen and Constitution program, guests of Senator Mullet who were seated in the gallery.

Senator Fraser announced a meeting of the Democratic Caucus immediately upon going at ease.

Senator Fain announced a meeting of the Majority Coalition Caucus immediately upon going at ease.

MOTION

At 10:12 a.m., on motion of Senator Fain, the Senate was declared to be at ease for the purpose of caucus.

The Senate was called to order at 11:41 a.m. by President Owen.

MOTION

On motion of Senator Fain, and without objection, the Senate reverted to the sixth order of business.

SECOND READING

SUBSTITUTE SENATE BILL NO. 6227, by Senate Committee on Natural Resources & Parks (originally sponsored by Senators Honeyford, Keiser, Rolfes, Conway, Ranker, McAuliffe, Mullet and Chase)

Implementing the recommendations of the 2015 review of the Washington wildlife and recreation program.

MOTIONS

On motion of Senator Honeyford, Substitute Senate Bill No. 6227 was substituted for Substitute Senate Bill No. 6227 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 6227 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Honeyford and Keiser spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6227.

MOTION

On motion of Senator Habib, and without objection, Senator Hargrove was excused.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6227 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Darneille, Fain, Fraser, Frockt, Habib, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick

Absent: Senators Dansel and Ericksen

Excused: Senator Hargrove

SUBSTITUTE SENATE BILL NO. 6227, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PERSONAL PRIVILEGE

Senator Ranker: “Thank you, Mr. President. I’d like to take a moment to honor a senator who passed away yesterday, Senator Harriet Spanel, who represented the 40^th district that I now represent, right before me. Harriet was a very dear friend and a mentor of mine, and to many of you as well. She was a tireless advocate for children, for women, for the environment, and particularly for Puget Sound. She was a warrior for Puget Sound, advancing some of our strongest oil spill protection laws, habitat protection laws, making sure that our fisheries were sustainable, that the jobs associated with those fisheries were sustained into the future. I know that I, and all of us, will deeply miss her.”

PERSONAL PRIVILEGE

Senator Fraser: “Well thank you, Mr. President. I am among those who are very deeply saddened by the passing of former Senator Harriet Spanel, and former state Representative. I worked very closely with her. She’s left a tremendous legacy in natural resources and salmon recovery, fisheries management, the crabbing industry, oil spill prevention and response. It goes on and on and she also left a large imprint on higher education policy, very dedicated to higher education. She was a math major and so she was excellent at evaluating fiscal notes, was very collaborative and always lived up to the highest standards of democracy and collaboration here. She’ll be greatly missed and I hope she’ll be well-remembered. Thank you.”

PERSONAL PRIVILEGE

Senator Pearson: “Thank you, Mr. President. As senator for the east part of Skagit County, I got to know former Senator Spanel way back when I was a congressional liaison, and found her just amazing. Her wealth of knowledge regarding fisheries, just a tremendous resource to go to. The folks in my district, especially the Wildcat Steelhead Club, they are really going to miss Harriet for always attending their barbeques, but always being that friend to fisheries and our state’s lost a wonderful lady and I’ll truly miss her. Thank you.”

PERSONAL PRIVILEGE

Senator Carlyle: “Thank you, Mr. President. I also rise, I had the great honor of being Senator Spanel’s paper boy. I grew up on Mason Street in Bellingham, she lived a block away and she was a dear friend and a dear mentor and I just adored her and her family. It’s a moment of deep sadness for the Bellingham community. Anyone who grew up in that area knew that she carried extraordinary moral authority in the community politically, socially, economically, all kinds of roles in the community really. I miss her, and deeply appreciate the role she played. Thank you Mr. President.”

PERSONAL PRIVILEGE

Senator Parlette: “Thank you, Mr. President. So when I first became the caucus chair for the Republican Caucus at that time, Harriet was the caucus chair for the Democrats. She was so good to work with and really a good role model for many of us. So I’m happy she’s in peace and I feel very fortunate to have had that personal relationship with her. Thank you Mr. President.”

PERSONAL PRIVILEGE

Senator Chase: “Thank you, Mr. President. You know we hear about Harriet as a leader in the legislature, but Harriet was also a leader in the peace movement in this state. For years and years she was out organizing, talking to people about antiwar issues, nuclear issues, she was an amazing person, she was a champion and I would like to say a drum major for peace and justice. And we will miss her.”

SECOND READING

SENATE BILL NO. 6151, by Senators Litzow, Fain, Pedersen and Frockt

Concerning sexual assault protection orders.

The measure was read the second time.

MOTION

On motion of Senator Litzow, the rules were suspended, Senate Bill No. 6151 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Litzow and Pedersen spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6151.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6151 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Angel, Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Carlyle, Chase, Cleveland, Conway, Dammeier, Dansel, Darneille, Ericksen, Fain, Fraser, Frockt, Habib, Hasegawa, Hewitt, Hill, Hobbs, Honeyford, Jayapal, Keiser, King, Liias, Litzow, McAuliffe, McCoy, Miloscia, Mullet, Nelson, O'Ban, Padden, Parlette, Pearson, Pedersen, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Takko and Warnick

Excused: Senator Hargrove

SENATE BILL NO. 6151, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 11:57 a.m., on motion of Senator Fain, the Senate adjourned until 12:00 o’clock noon, Thursday, February 4, 2016.

BRAD OWEN, President of the Senate

HUNTER G. GOODMAN, Secretary of the Senate